Ex-students files notice of claim against Troy for alleged assault

TROY >> A former Hudson Valley Community College student who claimed he was assaulted by police officers, including one who was suspended following the incident, has filed a notice of claim against the city

The claim stems from an incident on the evening of Oct. 16, 2013, when then-HVCC student Archie Davis and three of his friends were confronted by police for jaywalking. According to the notice, a scuffle ensued between Davis and the arresting officers and Davis was slammed against a truck and punched in the ribs and his eye.

The notice also states that Davis was then thrown to the ground and tasered while other officers either held him down or stood by and watched.

According to the incident report, Officer Isaac Bertos had approached Davis while he and his friends were walking down the middle of Adams Street. Bertos advised the group to use the sidewalk and advised them they were jaywalking, according to the report, but the group did not follow his orders and “began using vulgar language” towards the officer.

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Bertos then called for assistance and Officer Dominick Comitale came to assist with the incident. Bertos informed the group they were under arrest and asked for identification, and, according to the incident report, everyone but Davis complied. The report stated that Davis became combative and resisted arrest.

However, the notice of claim, filed by attorney Terence Kindlon, tells a different story.

According to Kindlon, Davis was “unlawfully seized” by police officers and was assaulted to the point where witnesses said they could hear him, “scream in pain.”

Kindlon said Davis was arrested without probable cause and without proper investigation.

Because of the incident, said Kindlon, Davis has suffered from “physical and mental pain” and claimed he was denied his civil rights.

Corporation Counsel Ian Silverman declined to comment on the notice of claim due to pending litigation.

During the incident, Davis had his phone taken by Comitale, who put it in his patrol car along with the rest of his items.

According to Police Benevolent Association President Bob Fitzgerald, he was approached by Comitale who said that he had lost Davis’ phone and needed money to pay him for it quickly since Davis was going home to Virginia.

Fitzgerald said he gave Comitale more than $800 in cash to reimburse Davis, which was soon paid back to Fitzgerald by Comitale.

“I support Dominick and am happy he owned up to losing the property,” Fitzgerald said. “I support him 100 percent.”

An internal investigation was then launched into the incident, according to numerous law enforcement sources, that resulted in Comitale being suspended without pay for mishandling the property and other charges that were not disclosed.

Kindlon told The Record the incident caused Davis to withdraw from HVCC and move back to Virginia, but added that the incident pointed to a bigger picture of what is happening in the police department.

“There are many questions being raised about the Troy Police Department right now,” Kindlon said. “Where there’s smoke, there’s fire. Something is going on over there.”

Kindlon said he was aware Davis was paid for his cell phone but said their main focus was the assault Davis experienced at the hand of police officers for no apparent reason.

“Archie Davis is a fine young gentleman and an excellent athlete,” Kindlon said. “Our position is that he was assaulted and subjected to a great deal of abuse without any justification whatsoever.”